Lorenze v. Hatcher

1915 OK 346, 149 P. 128, 47 Okla. 434, 1915 Okla. LEXIS 167

• Court: Supreme Court of Oklahoma
• Decided: May 18, 1915
• Docket: 5718
• Status: Published

Opinion

PER CURIAM.

On March 31, 1913, the district court of Washington county rendered and entered a joint personal judgment against C. J. Busy, Laura M. Busy, and A. Lorenze on certain promissory notes theretofore executed by C. J. Busy and Laura M. Busy to one Isaac Hatcher, for the payment of which notes A. Lorenze had assumed liability in writing. From this judgment, A. Lorenze alone appeals without making C. J. Busy or Laura Busy parties to this proceeding in error.

The motion to dismiss for the lack of necessary parties must be sustained. The rule, as oft repeated by this court, is that all parties against whom a joint judgment has been rendered must be made parties to a proceeding to reverse such judgment, and a failure to join any of them either as plaintiff or defendanttoin error, is ground for dismissal of the ease. Strange et al. v. Crismon, 22 Okla. 841, 98 Pac. 937; Vaught v. Miners’ Bank of Joplin, 27 Okla. 100, 111 Pac. 214; American Nat. Bank v. Mergenthaler, 31 Okla. 533, 122 Pac. 507; Crow v. Hardridge, 43 Okla. 463, 143 Pac. 183; Bowles v. Cooney et al., 45 Okla. 517, 146 Pac. 221.

The appeal is dismissed.